It’s been remanded back to the original three judge panel by the 9th Circuit sitting en banc. Eugene Volokh doesn’t think it looks good for the gun show, as it originally upheld the individual right, but concluded that the County Fairgrounds the gun show was hosted at could constitute a “sensitive place” under Heller. I think the reasoning is poor, since not all government property can rightly be considered a sensitive place. I hope the panel does a more thorough analysis this time around of sensitive places.
3 thoughts on “Nordyke Remanded”
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Don Kilmer, attorney for the gun show promoter, doesn’t seem too scared in the comments to Volokh’s post.
I’ll be watching this with interest, to put it mildly…
Dave Hardy’s take is the full en banc panel has enough anti-gun judges to have overturned the ruling. With McDonald coming down as it did, they realize such a decision would be another slam-dunk reversal for them by SCOTUS and a waste of time.
So they sent it back to the orginial panel. Let’s hope it is a capitulation that works broadly.